Can School District prohibit carry?

Status
Not open for further replies.

shield20

Member
Joined
May 21, 2005
Messages
789
Location
New York
Recent reply from school superintendent to a request to carry concealed on school grounds, in order to meet NYS gun-free school law:


I have had additional communication and advice from our school attorney and ask your understanding when I inform you that you cannot carry a pistol on our school grounds. We have security cameras and security guards as well as faculty chaperones in the schools, on school property and at sports events. I request that you please abide by our school district rules when you are on our property. We need to be concerned about the safety of everyone. Anyone carrying a pistol, whether or not licensed to do so, is a potential safety issue. Thank you for following correct protocol by writing to me to ask permission to carry your pistol on school grounds. Please understand my position and that of the school district. I do look forward to meeting you at parent/school event in the near future."
"


Question: IF NYS law was not in place, and I could carry concealed lawfully on school grounds, could the school district itself limit that capability? Would it be allowed something similiar to a business "asking you to leave" type enforcement?
 
Anyone carrying a pistol, whether or not licensed to do so, is a potential safety issue.
I've never had an anti using this lame excuse be able to explain it in any way that does not require the acceptance of fantasy. :rolleyes: Yes, carrying a pistol affects our safety, but not in the way he thinks.
 
I had put the request to the superintendent in a way that was very clear in pointing out that they and the school are taking on the responsibility - morally, legally and financially if God forbid, a tragedy occurs there; as well as making them aware of their somewhat lame security. Obviously they have the opposite view too, that they would be taking on the liability of ME getting their permission. It was my intention to make them aware of what NYS has place in their laps, and lay grounds for further action if necessary.

Of course my reply was "to continue to abide by all laws in this matter".
 
I'd respond, "So you don;t allow armed police officers on campus," but in fact many school officials across the country have gone on record stating they do not like to see armed, uniformed police officers on campus because it sends "the wrong signals." Foolish people.
 
Would it be allowed something similiar to a business "asking you to leave" type enforcement?
If there were no law or ordinance prohibiting concealed carry on school grounds, then I believe the most the school could do is ask you to leave or face trespassing charges. If this were to be a repetitive situation involving you, then I would think that the school district could seek a restraining order.
 
I had put the request to the superintendent in a way that was very clear in pointing out that they and the school are taking on the responsibility - morally, legally and financially if God forbid, a tragedy occurs there; as well as making them aware of their somewhat lame security. Obviously they have the opposite view too, that they would be taking on the liability of ME getting their permission. It was my intention to make them aware of what NYS has place in their laps, and lay grounds for further action if necessary.

If that is their stand, then abide by it, but if something happens you sue their pants off them and let them know you will also hold them personally responsible. Yes I know it sucks, but if they are taking the responsibility then that is their choice. Thus are the pitfalls of working in the public school system.
 
They do indeed allow uniformed police officers on campuses - and a welcome it is too - numerous cars and officers at Basketball and football games.

My original request spelled out the law in NY and the Federal Code, and those being at conflict, better to satisfy both and get permission of the district.


I will post my previous email that garnered the above response, where I was re-explaining to her/him what I was after:

The specific reason is to be able carry my NYS licensed pistol on my person concealed when at XXXXXXX schools – i.e. on school grounds for transporting my kids, watching them at swimming practice/events at nights and on the weekends, and at other events when convenient where campus security is lax or none-existent. As you may be aware, when there are major events such as basketball and football games, the XXXXXX Police presence is obvious, and security is quite good. Yet at most other times security for the parents, fans, and kids is noticeably absent. Please consider events such as last year’s XXX high school-sponsored blood-drive when the campus was EXTREMELY open to ANY one to enter – even those who may have bad intent; evening & weekend practices are not much different (though obviously not as busy), and are basically year-round. Recent events in this nation point out the fact that reprehensible individuals will violate and ignore numerous laws, the least of which being the “gun free school zone” law, and this has led to despicable and tragic assaults and murders taken place against innocent children, who for the most part are left unprotected.

The purpose of my carrying a pistol concealed when ever possible is for defense of my-self and others – specifically my kids and family. When I was a police officer, I took an oath to serve and protect, and that is a life-long obligation I take seriously. I also considerate it much safer to have the pistol inconspicuously & discretely on my person then to be forced to leave it behind in a vehicle parked on the street, even when, as is most often the case, I am simply escorting the kids to the school/pool when dropping off and picking them up. (Many states allow this at least).

The federal government allows such ‘possession’ of state-licensed pistols (due to the complete background check, finger prints, etc.), but NYS for some reason denies it without ‘your’ permission; as the question of whether federal law trumps state law is a bit questionable, the next logical step to remain lawful AND responsible was to contact you in this matter. So as a responsible parent and citizen, I felt it necessary to do whatever I could to try to have the continued capability to ensure the safety of my family if, God forbid, the need ever arose. I am sure NYS won’t accept the responsibility to guarantee that safety, and so has left it to “XXXXXX Schools” to realize the tremendous burden they are accepting – in actuality, and morally and financially, should a terrible event ever occur on campus, and someone present like myself who quite possibly could have made a positive difference was denied that right. I know I would not be able to ever accept the results of such an incident if I hadn’t done whatever I could personally to try to be prepared for all possibilities. And so the request...

If the purposes I have outlined are not deemed reasonable enough, I feel that “at least I tried”, that I have shared the burden morally and legally, and my kids are no worse off then before I asked.

I am very appreciative your continued attention to this issue, XXXX. Please let me as soon as possible if the above information will make an impact towards a positive result on my request.

My daughter tells me she shook hands with you at the Scholar-Athlete ceremony – I was still in Vegas and sad I had missed it! Next time, I hope!

Most Respectively,
 
I really don't think you will have any luck claiming the school is responsible for anything that happens to you because of their policy that you not bring guns on campus.

Your decision to go on campus is your decision. No one is making you go. There are already plenty of other places that are forbidden to carry, like government buildings, post offices, etc.

Has there ever been a case of a plaintiff successfully suing an institution for injuries sustained because he could not carry a weapon?

Also, the school already expects to be sued if anyone gets hurt anyway, whether there is a gun policy or not.
 
Status
Not open for further replies.
Back
Top